TERMS & CONDITIONS
Services Agreement Terms: Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the services of My Local Market Directory Pty Ltd (Us, we, or, our). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms & Conditions.
This agreement shall be a legal agreement between the Client and My Local Market Directory Pty Ltd. The agreement shall constitute the entire agreement between My Local Market Directory Pty Ltd in relation to the Services and or the subscription agreement and it shall not include any terms and conditions of the Client (including on any purchase order or other document submitted by Client) unless agreed to in writing by My Local Market Directory Pty Ltd.
Listing Service Terms: My Local Market Directory Pty Ltd Services are billed in advance on a recurring payment schedule. Your Fixed term agreement monthly or annually will automatically renew at the term date unless My Local Market Directory Pty Ltd is advised in writing of your intention to cancel prior to your minimum term end date, by cancelling your subscription online.
Termination of Listing Service: If you wish to cancel/ terminate your My Local Market Directory listing service before your term has ended (monthly or annually) you will not be eligible for a refund. You acknowledge your listing and events will remain listed until the end date of your term, unless you request via email for us to remove your listing and or events.
Sub-Contracting: My Local Market Directory Pty Ltd Reserves the right to employ/ hire a sub-minimum contractor (company or person) for the support and delivery of the services outlined in your subscription.
Online Advertising / Promotion Services: By entering into this agreement, you acknowledge that digital platforms like; Google, Google AdWords, Facebook, Instagram, LinkedIn, SnapChat, Tiktok, Yahoo or Bing are not My Local Market Directory Pty Ltd.
Social Media Platforms
- By entering this agreement with My Local Market Directory Pty Ltd you give permission to share your Social Media Platform(s) page, events or information like Facebook, Instagram, Tiktok, Twitter, on our social media platform(s).
- My Local Market Directory Pty Ltd will do their best to respond/engage with messages, comments or engagements made on promotional posts, but cannot guarantee 100% response. We also take no responsibility for replying to comments or engagements with followers on your social media posts/channels.
- My Local Market Directory Pty Ltd in conjunction with the client may run boosted and targeted posts to increase exposure and reach of your listing or event.
Landing Pages: All listing and event landing Pages are and remain the property of My Local Market Directory Pty Ltd.
Copyright: Australian Copyright Act (1968). Copyright will remain property of My Local Market Directory Pty Ltd until such time as a mutual agreement is in place. My Local Market Pty Ltd reserves the right to use all artwork produced or imagery uploaded and supplied for the purposes of promoting My Local Market Directory Pty Ltd in print, publication, online platforms or website, unless explicitly denied to do so by client in writing. My Local Market Directory Pty Ltd reserves the right to use any cancelled listings artwork or imagery for subsequent promotional purposes in print, publication, online platforms or our website(s).
Nature or copy: Artwork, images and copy supplied or uploaded by the client, will remain as the client’s responsibility and will be deemed as supplied to My Local Market Directory Pty Ltd with relevant authority for use. My Local Market Directory Pty Ltd will accept no responsibility for copyright issues regarding supplied artwork, images and copy. The client is responsible for supplying content free from infringement for all trademarks, service marks, and copyright. The client guarantees and indemnifies My Local Market Directory Pty Ltd from all liability and costs associated with copyright/trademark infringement from the supplied artwork, images and content.
Event Management Services: You appoint Purple Bunny Marketing Pty Ltd, as a non-exclusive supplier of the Event Services as outlined in services and fees section of this Agreement.
Your Obligation / the ‘Client’ must:
- grant Purple Bunny Marketing Pty Ltd access to such part of your premises and/or systems to the extent required for Purple Bunny Marketing Pty Ltd to perform its obligations.
- provide Purple Bunny Marketing Pty Ltd any information critical to undertaking the Services outlined to perform and execute its obligations.
- provide Purple Bunny Marketing Pty Ltd a budget as agreed by both parties to successfully perform and execute the obligations of the event.
Confidentiality: A party must not, without the prior written approval of the other party, disclose the other party’s Confidential Information or use the other party’s Confidential Information other than for the purposes of this Agreement.
A party is not in breach of the above clause if:
(a) it is required by law to disclose the other party’s Confidential Information;
(b) the information disclosed is generally available to the public (other than as a result of the wrongful disclosure by the party);
(c) the party obtained the Confidential Information from a third party on non-confidential basis without breach by that third party of any obligation of confidence concerning the Confidential Information; or
(d) the Confidential Information was already in the party’s possession (as evidenced by written records) when provided by or on behalf of the other party.
Each party:
(a) may disclose the other party’s Confidential Information to its personnel for the purpose of performing that party’s obligations under this Agreement; and
(b) must take all reasonable steps to ensure that the recipients of the Confidential Information do not make public or disclose the other party’s Confidential Information or use the other party’s Confidential Information other than for the purposes of this Agreement,and agrees that a breach by the recipient of such obligations of confidence will be deemed to be a breach of this Agreement by the party.
Each party acknowledges that a breach of this clause (Confidentiality) would be harmful to the business interests of the other party and monetary damages alone would not be a sufficient remedy, and that a party is entitled to interim, interlocutory and permanent injunctions or any of them to prevent breach of this clause (Confidentiality) and to compel specific performance of it. The cost of injunctions will be the responsibility of and recoverable from the party in breach.
Disclaimer of Warranties: My Local Market Directory Pty Ltd will endeavour to help you promote your market, stall, event, expo or festival. Unless specifically stated to the contrary in this Agreement, My Local Market Directory Pty Ltd does not guarantee any particular rate of return or performance of any online advertising (including but not limited to any particular search results page/s or rankings). We cannot be held responsible for commercial outcomes which are associated with the online marketing or management of your business or event. The Client acknowledges My Local Market Directory Pty Ltd will not be held liable for this and no refunds or discounts will be given. My Local Market Directory Pty Ltd makes no guarantee that by listing your business or event will generate any increase in sales, business activity or profits for your business.
My Local Market Directory Pty Ltd is providing an online business listing and event service for a competitive price. My Local Market Directory Pty Ltd is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law: My Local Market Directory Pty Ltd will not be liable in any way for fines, penalties, taxes, exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of minimum term, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses.
Changes to Terms & Conditions and Pricing: These Terms & Conditions including pricing can be modified at any time by My Local Market Directory Pty Ltd. You agree to continue to be bound by these Terms and Conditions as modified. We will notify you of the revised Terms and Conditions via email.
Contact Us: If you have any questions about these Terms, please contact us immediately.
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